HYDRO30037

• Permit No: M1981058
• IBM Index Class Name: Hydrology
• Doc Date: 10/29/2003
• Doc Name: Substitute Water Supply Plan
• From: Office of State Engineer
• To: DMG
• Media Type: D
• Archive: No

Messrs. Hermundstad and Snodgrass
Page 3
October 20, 2003
the County Clerk and Recorder. All replacement water must be concurrent with
depletions in quantity, timing, and locations.
8. Adequate accounting of depletions and replacement must be provided to the
Division Engineer in Glenwood Springs (Alan Martellaro, 50633 US Hwy 6 & 24,
P.O. Box 396, Glenwood Springs, Colorado 81601) and the Water Commissioner
(Don Mackey, PO Box 163, Debeque, CO 81630, 970-283-5338) on a monthly
basis or other interval acceptable to both of them. The accounting form provided
with your application is subject to modification and approval by the Division
Engineer. All amounts shall be in acre-feet.
9. The name, address, and phone number of a contact person who will be
responsible for the operation and accounting of this plan must be provided on the
accounting forms to the Division Engineer and Water Commissioner.
10. It is anticipated that a permanent 6-acre water surface, created by exposing ground
water, will remain after cessation of mining. As such, the Applicant must file an
application for a plan for augmentation with the Division 5 Water Court prior to May
16, 2005, to assure that out-of-priority depletions resulting from the ground water
exposure will be replaced to the stream system. Additionally, in the event that
mining ceases prior to such water court approval, the Applicant must continue to
obtain approval for a substitute supply plan that replaces all out-of-priority
depletions associated with the exposed ground water surface until such water court
approval occurs. If a lined pond results after reclamation, replacement of lagged
depletions shall continue until there is no longer an effect on stream flow.
11. This substitute water supply plan may be revoked or modified at any time should it
be determined that injury to other vested water rights has or will occur as a result of
this plan.
12. Should this substitute water supply plan expire without renewal or be revoked prior
to adjudication of a permanent plan for augmentation, all excavation of product
from below the water table and all other use of water at the pit must cease
immediately.
13. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181
Rules and Regulations adopted on February 4, 1992, the State Engineer shall
determine if the substitute supply is of a quality to meet requirements of use to
which the senior appropriation receiving the substituted supply has normally been
put. As such, water quality data or analyses may be requested at any time to
determine if the requirements of use of the senior appropriator are met.
14. Diversions attributable to 5.11 shares of the Larkin Ditch used for replacement
during the irrigation season must continue to be diverted in-priority at the ditch then
measured back to the Colorado River in the vicinity of the Debeque Pit. Adequate
measuring devices acceptable to the Water Commissioner must be installed.